The term "bona gratia matrimonium dissolvitur" refers to the dissolution of a marriage by mutual consent. In simpler terms, it means that both partners agree to end their marriage amicably. This concept is often associated with a consensual divorce, where both parties willingly participate in the decision to separate, without the need for conflict or court intervention.
This term is primarily used in family law, which governs the legal aspects of marriage and divorce. In cases of bona gratia matrimonium dissolvitur, the couple typically files for a divorce together, indicating their mutual agreement on the terms of the separation. This process can often be streamlined using legal forms and templates, such as those provided by US Legal Forms, which help individuals manage their divorce proceedings efficiently.
Here are a couple of examples of abatement:
Example 1: A couple, after several discussions, decides they no longer wish to remain married. They agree on the terms of their separation, including how to divide their property and custody of their children. They file for a consensual divorce, citing bona gratia matrimonium dissolvitur.
Example 2: Two partners who have been married for five years realize they are better off apart. They come to a mutual understanding about their future and file for divorce together, demonstrating their agreement to dissolve the marriage amicably. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Specifics |
|---|---|
| California | Allows for no-fault divorce, which aligns with mutual consent. |
| Texas | Requires a petition for divorce, but mutual consent can expedite the process. |
| New York | Recognizes mutual consent but requires a formal filing of divorce papers. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Bona gratia matrimonium dissolvitur | Marriage dissolution by mutual agreement. | Focuses on consensual separation without conflict. |
| Contested divorce | Divorce where one party does not agree to the separation. | Involves legal disputes and court intervention. |
| No-fault divorce | Divorce without blaming either partner. | Can be similar but may not require mutual consent. |
If you and your partner have decided to dissolve your marriage through mutual agreement, consider the following steps:
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Mutual consent means both partners agree to the divorce terms, while contested divorce involves disputes over the terms.